Gallardo

MEMORANDUM *

Antonio M. Gallardo appeals his conviction and 136-month sentence for distribution of a controlled substance in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(l)(A)(viii). Because the district court did not abuse its discretion by denying his motion to withdraw his guilty plea, and because the government did not violate the terms of the plea agreement in its sentencing recommendation, we affirm his conviction and sentence.

We review a district court’s decision whether to grant a motion for withdrawal of a guilty plea for abuse of discretion. United States v. Reyna-Tapia, 328 F.3d 1114, 1117 (9th Cir.2003). Gallardo asserts that his possible defense for entrapment constitutes a sufficient reason for withdrawal of his plea. See id. (“Withdrawal of a guilty plea prior to sentencing may be granted in the district court’s informed discretion if the defendant shows any fair and just reason supporting withdrawal.”). We disagree. Gallardo was clearly aware of his claim of entrapment when he made his guilty plea, as he so indicated at the time he entered his plea. He has presented no other ground that would constitute a fair and just reason for requiring the district court to…